Albert & Anor v Etheve & Ors (CS 31/2016) [2020] SCSC 454 (19 February 2020)

Albert & Anor v Etheve & Ors (CS 31/2016) [2020] SCSC 454 (19 February 2020)

The defendants interfered with the plaintiffs’ right of way by depositing material and leaving boats, and intentionally damaged the boundary wall. The right of way was established by title and the interference was proven. Damages were awarded based on the extent and duration of the obstruction and the proven losses.

Citation
[2020] SCSC 454
Parties
Plaintiff: Jeanette Albert; Plaintiff: France Albert; Defendant: Didier Emmanuel Etheve; Defendant: Leonel Jean Etheve; Defendant: Flavien Etheve
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 February 2020
Case Number
CS 31/2016
Procedural Posture
Civil / Judgment
Outcome
Plaint partially granted with costs; defendants jointly and severally liable.
Legal Topics
Right of Way, Trespass, Damages, Family Property Disputes
Source Language
English
Property Law Tort Law Right of Way Trespass Damages Family Property Disputes

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Parties

Jeanette Albert

Plaintiff

France Albert

Plaintiff

Didier Emmanuel Etheve

Defendant

Leonel Jean Etheve

Defendant

Flavien Etheve

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants deposited crusher dust in the right of way
  2. 2 Whether the defendants left boats in the right of way
  3. 3 Whether the defendants caused damage to the plaintiffs’ boundary wall

Ratio Decidendi

The defendants interfered with the plaintiffs’ right of way by depositing material and leaving boats, and intentionally damaged the boundary wall. The right of way was established by title and the interference was proven. Damages were awarded based on the extent and duration of the obstruction and the proven losses.

Court Disposition

Plaint partially granted with costs; defendants jointly and severally liable.

Orders

  • Defendants to pay SR5,000 for loss of use of right of way
  • Defendants to pay SR50,000 for delay to completion of construction work